2005 California Penal Code Sections 7500-7505 CHAPTER 1. GENERAL PROVISIONS

7500.  The Legislature finds and declares all of the following:
   (a) The public peace, health, and safety is endangered by the
spread of the human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) within state and local correctional
institutions.
   (b) The spread of AIDS within prison and jail populations presents
a grave danger to inmates within those populations, law enforcement
personnel, and other persons in contact with a prisoner infected with
the AIDS virus, both during and after the prisoner's confinement.
Law enforcement personnel and prisoners are particularly vulnerable
to this danger, due to the high number of assaults, violent acts, and
transmissions of bodily fluids that occur within correctional
institutions.
   (c) HIV has the potential of spreading more rapidly within the
closed society of correctional institutions than outside these
institutions.  This major public health problem is compounded by the
further potential of rapid spread of communicable disease outside
correctional institutions, through contacts of an infected prisoner
who is not treated and monitored upon his or her release, or by law
enforcement employees who are unknowingly infected.
   (d) New diseases of epidemic proportions such as AIDS may suddenly
and tragically infect large numbers of people.  This title primarily
addresses a current problem of this nature, the spread of  HIV among
those in correctional institutions and among the people of
California.
   (e) HIV and AIDS pose a major threat to the public health and
safety of those governmental employees and others whose
responsibilities bring them into direct contact with persons
afflicted with those illnesses, and the protection of the health and
safety of these personnel is of equal importance to the people of the
State of California as the protection of the health of those
afflicted with the diseases who are held in custodial situations.
   (f) Testing described in this title of individuals housed within
state and local correctional facilities for evidence of infection by
HIV would help to provide a level of information necessary for
effective disease control within these institutions and would help to
preserve the health of public employees, inmates, and persons in
custody, as well as that of the public at large.  This testing is not
intended to be, and shall not be construed as, a prototypical method
of disease control for the public at large.
7501.  In order to address the public health crisis described in
Section 7500, it is the intent of the Legislature to do all of the
following:
   (a) Establish a procedure through which custodial and law
enforcement personnel are required to report certain situations and
may request and be granted a confidential HIV test of an inmate
convicted of a crime, or a person arrested or taken into custody, if
the custodial or law enforcement officer has reason to believe that
he or she has come into contact with the blood or semen of an inmate
or in any other manner has come into contact with the inmate in a way
that could result in HIV infection, based on the latest
determinations and conclusions by the federal Centers for Disease
Control and the State Department of Health Services on means for the
transmission of AIDS, and if appropriate medical authorities, as
provided in this title, reasonably believe there is good medical
reason for the test.
   (b) Permit inmates to file similar requests stemming from contacts
with other inmates.
   (c) Require that probation and parole officers be notified when an
inmate being released from incarceration is infected with AIDS, and
permit these officers to notify certain persons who will come into
contact with the parolee or probationer, if authorized by law.
   (d) Authorize prison medical staff authorities to require tests of
a jail or prison inmate under certain circumstances, if they
reasonably believe, based upon the existence of supporting evidence,
that the inmate may be suffering from HIV infection or AIDS and is a
danger to other inmates or staff.
   (e) Require supervisory and medical personnel of correctional
institutions to which this title applies to notify staff if they are
coming into close and direct contact with persons in custody who have
tested positive or who have AIDS, and provide appropriate counseling
and safety equipment.
7502.  As used in this title, the following terms shall have the
following meanings:
   (a) "Correctional institution" means any state prison, county
jail, city jail, California Youth Authority facility, county or
city-operated juvenile facility, including juvenile halls, camps, or
schools, or any other state or local correctional institution.
   (b) "Counseling" means counseling by a licensed physician and
surgeon, registered nurse, or other health professional who meets
guidelines which shall be established by the State Department of
Health Services for purposes of providing counseling on AIDS to
inmates, persons in custody, and other persons pursuant to this
title.
   (c) "Law enforcement employee" means correctional officers, peace
officers, and other staff of a correctional institution, California
Highway Patrol officers, county sheriff's deputies, city police
officers, parole officers, probation officers, and city, county, or
state employees including but not limited to, judges, bailiffs, court
personnel, and public defenders, who, as part of the judicial
process involving an inmate of a correctional institution, or a
person charged with a crime, including a minor charged with an
offense for which he or she may be made a ward of the court under
Section 602 of the Welfare and Institutions Code, are engaged in the
custody, transportation, or care of these persons.
   (d) "AIDS" means acquired immune deficiency syndrome.
   (e) "Human immunodeficiency virus" or "HIV" means the etiologic
virus of AIDS.
   (f) "HIV test" or "HIV testing" means any clinical laboratory test
approved by the federal Food and Drug Administration for HIV,
component of HIV, or antibodies to HIV.
   (g) "Inmate" means any of the following:
   (1) A person in a state prison, or city and county jail, who has
been either convicted of a crime or arrested or taken into custody,
whether or not he or she has been charged with a crime.
   (2) Any person in a California Youth Authority facility, or
county- or city-operated juvenile facility, who has committed an act,
or been charged with committing an act specified in Section 602 of
the Welfare and Institutions Code.
   (h) "Bodily fluids" means blood, semen, or any other bodily fluid
identified by either the federal Centers for Disease Control or State
Department of Health Services in appropriate regulations as capable
of transmitting HIV.
   (i) "Minor" means a person under 15 years of age.
7503.  The Department of Corrections, the Department of the Youth
Authority, and county health officers shall adopt guidelines
permitting a chief medical officer to delegate his or her medical
responsibilities under this title to other qualified physicians and
surgeons, and his or her nonmedical responsibilities to other
qualified persons, as appropriate.  The chief medical officer shall
not, however, delegate the duty to determine whether mandatory
testing is required as provided for in Chapter 2 (commencing with
Section 7510) except to another qualified physician designated to act
as chief medical officer in the chief medical officer's absence.
7504.  Actions taken pursuant to this title shall not be subject to
subdivisions (a) to (c), inclusive, of Section 120980 of the Health
and Safety Code.  In addition, the requirements of subdivision (a) of
Section 120990 of the Health and Safety Code, shall not apply to
testing performed pursuant to this title.
7505.  This title is intended to provide the authority for state and
local correctional, custodial, and law enforcement agencies to
perform medical testing of inmates and prisoners for the purposes
specified herein.  However, notwithstanding any other provision of
this title, this title shall serve as authority for the HIV testing
of prisoners in only those local facilities where the governing body
has adopted a resolution affirming that it shall be operative in that
city, county, or city and county.  Testing within state correctional
facilities under the jurisdiction of the Department of Corrections
and state juvenile facilities under the jurisdiction of the
Department of the Youth Authority shall not be affected by this
requirement.